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The Naturist Society
Nude & Natural Magazine

Body Acceptance is the Idea
Naturism is the Way.
"NIFOC"
Nude In Front
of Computer

by Dennis Kirkpatrick

A feature column in the Nude & Natural
Quarterly Magazine of The Naturist Society
 

From Issue 23.4 - Summer 2004 - pp 87

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Nude photography on the net;
Privacy vs. 1st Amendment

by Dennis Kirkpatrick

 

SO MUCH HAS CHANGED since technology has gotten ahead of mankind. Just a decade ago taking a nude image with a film camera was a tricky thing, let alone finding a place to get it developed. The latter problem seems to be more of an issue these days, but with the advent of the digital camera, nude photography will never be the same. The many new options for capturing and distributing digital nude images is great for naturists, in some ways; but, like most technological advances, the downside is that along with the widespread availability of the new technology come new legal issues surrounding privacy and free speech.

Consider the recent case of Catherine Bosley. Bosley, a popular TV news anchor in Ohio, took some time off to vacation in Florida. While there, a festive mood (and a few drinks) reportedly took over, and she joined in what started out to be a wet t-shirt contest. Within a few minutes, she was totally nude on stage, and the cameras flashed away as she and several other similarly unclad women performed before an enthusiastic audience.

When the images hit the Internet, Bosley was mortified. She resigned from her on-air position, and sought legal relief from the courts to prevent further distribution of her nude image over the Internet. The question: Was the night club a “private place,” where Bosley’s actions (and photos of them) could be considered a private affair, or was it a public venue, in which case the photos are public information?

Initially, the court agreed with Bosley’s claim that the Internet site where her photo appeared had used her minor celebrity status for profit from her nude image, and ordered the Internet publisher to remove the images from its Web site. Later, the U.S. Court of Appeals in the Sixth Circuit ruled that the Internet site had a right to publish video and photos of Bosley performing her impromptu strip show, and put a hold on the order of the lower court.

According to Derek Newman, lead attorney for the Web site owners, “The First Amendment clearly protects [our client] and its audience from celebrities who try to prevent free expression of newsworthy material and information of public concern over the Internet.”

In another recent case, a female exhibitionist posted nude images of herself on her Web site, only to be cited later by police for public nudity. It seems that the interior of the building seen in the photos was easily identifiable as a local bar in her town, and so the photos were used as evidence that the woman had been nude in a public venue. As we went to press, her attorneys were still considering whether or not to appeal the charges against her.

Both cases raise questions for naturists when it comes to photography. Often we hear of altercations between naturists and people who take photos on nude beaches, because nude beachgoers do not necessarily want their images to turn up in someone’s photo album or on the Internet. While it may be possible to control such activity when within the confines of a private nudist park, it becomes less so in a public place.

Also, what if we take images at a skinny-dipping location and publish them to share with others. Are we setting ourselves up for arrest on the photographic documentation alone? Need-less to say, the digital age is well ahead of the law and we will all have to muddle through what it means together. And together it must be, for we cannot afford to allow conservative politicians and their supporters to define such things for us.


Web Reviews

Black’s Beach Bares

www.blacksbeach.org

I WAS ASKED to review the Black’s Beach Bares Web site for this edition. Well, if you ask me, it has a “bum” start. (That’s an inside joke—go to the Web site for the punch line.)

This might look like the Web site of any average naturist club that frequents a nude beach, but one thing makes Black’s Beach Bares stand out—dedication. One can generally expect fresh information here from the group’s many dedicated members. Lloyd Johnson is (or should be) a well-known naturist name and is known for posting almost daily reports on his experiences at Black’s, ranging from weather updates and wildlife sightings to rescues by the local rangers.

If you are planning to visit Black’s, this is the site to visit first. Everything is here, from directions to who the good guys and bad guys are, as well as plenty of places to link to Lloyd or one of the other beach activists to get specific data. This site is easy to view and very straightforward. A two thumbs up!


Last February 2nd, Dennis Kirkpatrick saw his shadow, and the northeast was summarily plummeted into six more weeks of winter. Of course, he was inside under a UV lamp at the time. It was too darn cold to be nude outside in February in Boston. What, do you think he’s crazy? Uh, don’t answer that. Comments, questions, short speeches, are welcome at sunclad@sunclad.com. Back editions are available at www.sunclad.com/nifoc.


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